WASHINGTON, D.C. – The Food and Drug Administration (FDA) has announced a new initiative aimed at increasing voluntary compliance among retailers, including vape shops, convenience stores, and gas stations, to curb the sale of illicit vaping products that fuel the youth vaping crisis.
The move comes as the FDA acknowledges the crucial role these distribution points play in getting both legal and illegal products into American communities. A significant driver of the problem is the prevalence of unauthorized products, primarily imported illegally from China.
The Problem: Illegal and Dangerous Vaping Products
According to the agency, as much as 54% of vaping products sold nationally are illegal.
“Too often, retailers in communities are selling illegal vaping products marketed to young people with fruit or candy flavors and even marketing gimmicks such as built-in video games and Bluetooth speakers,” the FDA stated.
The agency emphasized that it has not authorized any such products. Furthermore, these unauthorized vapes frequently contain hazardous chemicals, including formaldehyde, lead, and acrolein—substances more commonly found in industrial textiles and pesticides.
Clarity and Compliance: Tools for Retailers
In response to questions from retailers about which tobacco products are legally sold, the FDA will mail comprehensive educational materials to more than 300,000 retailers nationwide, beginning this fall. The agency’s goal is to help businesses better understand relevant laws and regulations, thereby “removing any excuses for noncompliance.”
The mailed package will contain several key resources designed to simplify compliance:
- Authorized Product Lists: A list of the 39 vapes and 20 nicotine pouch products that are currently authorized to be legally marketed in the U.S. These lists feature QR codes linked to real-time digital versions on the FDA website.
- Searchable Tobacco Product Database: Information on accessing the FDA’s new digital database, which catalogs over 17,000 tobacco products—including cigarettes, cigars, hookah, and e-cigarettes—that may be legally sold.
- New Education Materials: A suite of new tobacco retailer education materials, including a wall calendar with reminders focused on key retailer requirements, such as only selling tobacco products to those 21 and older and requiring a photo ID check for anyone under 30.
The FDA says it is “particularly interested in increasing compliance around the distribution and sale of illegal vaping products, which are often marketed to, and widely consumed by, American teens.”
Retailers who wish to order additional free materials, including a digital age verification calendar, can do so through the FDA’s Tobacco Education Resource Library.
